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| T.H. v. Division of Developmental Disabilities, A-114 September Term 2005,
SUPREME COURT OF NEW JERSEY, March 1, 2007, Decided
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Overview: New Jersey Division of Developmental Disabilities (DDD) erred in denying an applicant benefits, as there was no statutory requirement that he develop substantial functional limitations in three major life areas before age 22; DDD's contrary interpretation, codified in N.J.A.C. 10:46-1.3, exceeded its authority and was invalid.
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| W.T. v. Division of Medical Assistance and Health Services, DOCKET NO. A-0089-05T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 1, 2007, Decided
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Overview: A reviewing court reversed the imposition of a Medicaid transfer penalty based on an unequal equitable distribution to the spouse of a Medicaid applicant in an action for divorce from bed and board because an in-house agency rule requiring such a penalty was arbitrary since it contradicted New Jersey public policy and matrimonial law.
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| In re Angelucci, D-67 September Term 2006,
SUPREME COURT OF NEW JERSEY, March 5, 2007, Decided , March 5, 2007, Filed
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| Kas Oriental Rugs, Inc. v. Ellman, DOCKET NO. A-3829-05T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 6, 2007, Decided
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Overview: While trial court properly filled a gap in salesman and principal's agreement by ruling that their relationship was terminable at will, as was the custom in the industry, in light of the presence of an express contract as to the amount of commissions due, the trial court could not award the salesman additional commissions based upon quantum meruit.
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| Ratti v. Department of Corrections, DOCKET NO. A-2609-05T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 6, 2007, Filed
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Overview: In a prison disciplinary case, when the evidentiary phase of a hearing had begun but was adjourned before completion, and the original hearing officer was unavailable on the date the hearing resumed, the evidentiary phase had to begin anew before a replacement hearing officer as the same finder of fact was required to receive all the evidence.
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| Triffin v. Bank of America, DOCKET NO. A-2422-05T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 6, 2007, Decided
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Overview: Holder in due course was entitled to judgment against drawer bank for amount of dishonored check, as the public policy expressed in N.J.S.A. § 17:15A-48(a)(5) of the New Jersey Check Cashers Regulatory Act of 1993 did not preclude a licensed check casher from assigning dishonored check to the holder due to civil fraud judgment entered against him.
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| Hand v. Hand, DOCKET NO. A-4748-05T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 7, 2007, Decided
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Overview: Trial court properly denied a mother's motion to change custody without holding a plenary hearing because her unsubstantiated allegations that father was irresponsible alcoholic who might have abused their children were insufficient to establish a prima facie case that there was genuine and substantial factual dispute regarding children's welfare.
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| Muise v. GPU, Inc., DOCKET NO. A-6580-05T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 7, 2007, Decided
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Overview: As the decisions in Thiedemann v. Mercedes-Benz USA, LLC, and Dabush v. Mercedes-Benz USA were confined to an interpretation of the term "ascertainable loss" as used in the New Jersey Consumer Fraud Act, N.J.S.A. §§ 56:8-1 to -20, these decisions were inapplicable to electrical consumers' class action suit against utilities.
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| Tarus v. Borough of Pine Hill, A-93 September Term 2005,
SUPREME COURT OF NEW JERSEY, March 7, 2007, Decided
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Overview: A common law right to videotape a municipal council meeting subject to reasonable restrictions existed in New Jersey and, in a suit brought by a citizen asserting false arrest and other claims, a borough and its mayor violated that right by imposing arbitrary and unreasonable restrictions that prevented the citizen from videotaping.
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